Amending Various Sections of Article 1 Chapter 2 The Common Council

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fails or refuses to appear in compliance with a subpoena, or having appeared, fails to testify under oath; or fails to furnish relevant material pursuant to a subpoena duces tecum. (g) Investigations: The committee shall conduct'an investigation into the alleged conduct of any eettneiIman Council Member only (a) upon a written complaint signed by the complaining party, or (b) if initiated by at least two - (2) members of the committee. When a complaint is filed with the committee, a copy shall be promptly sent to the eettneiIman Council. Member alleged to have committed the violation. The committee shall determine in a nonpublic executive session whether the complaint alleges facts sufficient to constitute statutory violation. In making such determination the committee shall: If the committee determines the complaint does not allege facts sufficient to constitute a Code or statutory violation, the complaint shall be dismissed and the complainant and eettneiIman Council Member so notified. If the committee determines the complaint does allege facts sufficient to constitute a Code or statutory violation, it shall promptly investigate the alleged violation. If, after the limited preliminary investigation, the committee determines that probable cause exists to support an alleged violation, it shall convene a hearing on the matter within thirty (30) days after making such determination. All action and all records relating to the preliminary investigation shall be confidential. (h) Hearings: If the committee determines a public hearing is to be held, the eettneilman Council Member- respondent shall be allowed to examine and makes copies of all evidence in the committee's possession relating to the charge(s) . At the hearing, the committee shall receive testimony and evidence and the charged party shall be afforded appropriate due process protection, including the right to be present at the hearing, the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All witnesses shall be sworn unless the chairman, for good cause, decides that a witness does not have to be sworn. (i) Written report: After the hearing, the committee shall make a written report of whether or not there was competent, sufficient and substantial evidence of a Code or statutory violation. Such report shall be supported and signed by a majority of committee members. If the committee determines that the eeuneilman Council Member-respondent has not violated a Code or statutory provision, it shall dismiss the charge(s) . If a violation is found by the committee, the committee shall then recommend appropriate sanction(s) to the Common Council. (j) (1) Have the City Clerk send copies of the report and findings to each eetineiiman Council Member as soon as practicable; (k) Sanctions: Upon finding that a eettneilman Council Member-respondent violated the code of conduct of the Common Council or other provision of this Code, the Council by majority vote may take any or none of the following actions: